Chaleka v Illovo Sugar Group Co (IRC 191 OF 2006) (NULL) [2007] MWIRC 35 (03 July 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC PR63 OF 2007


BETWEEN


MAKUYA.…….…………………………………………… ……………...APPLICANT


-and-


SICHINGA………………...…………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson
Applicant; present
Respondent; present in person
Chinkudzu; Official Interpreter


ORDER

Terminal dues-Severance allowance-Notice pay-Leave pay-Qualifications-Severance allowance not payable where employee resigns-Notice pay not payable where employee resigns-Leave-Every employee entitled to leave or pay in lieu of leave



The matter was adjourned only for a written Order. Upon hearing the respondent and upon hearing the applicant the court was convinced that the applicant resigned from employment therefore under section 35 and section 30 of the Employment Act 2000 the applicant is not entitled to either severance allowance or notice pay. These claims are therefore dismissed for lack of merit in law.


The applicant is entitled to pay in lieu of leave. He proved that he did not go on leave for the six years that he worked for the respondent. The applicant was receiving MK3 000-00 per month at the time of termination. He is therefore entitled to equivalent of 18 days pay for every year of six year service. Total award is therefore MK10 800-00. This is Order is with immediate effect.


Made this 11th day of June 2007 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.